Group Kildey Pty Ltd v J M Kelly (Project Builders) Pty Ltd

Group Kildey Pty Ltd brought an action against J M Kelly (Project Builders) Pty Ltd seeking damages for breach of contract. The dispute centred on the construction of a home in Sydney. The court was required to determine whether there was a binding contract between the parties, whether the defendant had breached any terms of the contract, and if so, whether the plaintiff was entitled to damages for the alleged breach.

The court found that there was indeed a binding contract between the parties. The defendant had breached the contract by failing to complete the construction of the home within the agreed timeframe. The court found that the plaintiff was entitled to damages for the breach of contract. The court awarded the plaintiff $250,000 in damages. The defendant was also ordered to pay the plaintiff's costs of the action.

The court found that the defendant had breached the contract by failing to complete the construction of the home within the agreed timeframe. The court found that the plaintiff was entitled to damages for the breach of contract. The court awarded the plaintiff $250,000 in damages. The defendant was also ordered to pay the plaintiff's costs of the action, including reserved costs made on 23 September 2005.